| 1 | 1 | | By: Bowers H.B. No. 1824 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | related to monitoring domestic violence offenders through advanced |
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| 9 | 9 | | tracking systems to enhance victim safety. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. This Act shall be known as the Sharon Radebaugh |
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| 12 | 12 | | Domestic Violence Protection Act |
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| 13 | 13 | | SECTION 2. FINDINGS AND PURPOSE (a) The Legislature finds |
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| 14 | 14 | | that domestic violence remains a critical issue affecting the |
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| 15 | 15 | | safety and well-being of Texas residents. One in four women and one |
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| 16 | 16 | | in seven men in the United States experience domestic violence. (b) |
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| 17 | 17 | | The purpose of this Act is to strengthen the monitoring of domestic |
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| 18 | 18 | | violence offenders, implement GPS tracking systems for high-risk |
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| 19 | 19 | | offenders, enhance victim safety, and prevent further abuse. |
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| 20 | 20 | | SECTION 3. AMENDMENT TO TEXAS CODE OF CRIMINAL PROCEDURE |
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| 21 | 21 | | (a) Chapter 17, Code of Criminal Procedure, is amended by adding |
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| 22 | 22 | | Article 17.2925 as follows: |
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| 23 | 23 | | Art. 17.2925. ELECTRONIC MONITORING OF HIGH-RISK DOMESTIC |
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| 24 | 24 | | VIOLENCE OFFENDERS (1) A court shall require any individual |
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| 25 | 25 | | released on bond for an offense involving family violence, as |
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| 26 | 26 | | defined under Section 71.004, Family Code, to be monitored by a GPS |
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| 27 | 27 | | tracking device if the court determines the defendant poses a |
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| 28 | 28 | | continuing threat to the victim. (2) High-risk offenders shall be |
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| 29 | 29 | | defined as those with a history of violent behavior, use of |
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| 30 | 30 | | firearms, prior violations of protective orders, or threats of harm |
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| 31 | 31 | | to the victim. (3) The electronic monitoring system must provide |
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| 32 | 32 | | real-time tracking and include automatic alerts to the victim, law |
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| 33 | 33 | | enforcement, and a designated monitoring center if the offender |
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| 34 | 34 | | enters a prohibited zone established by the court. (4) The offender |
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| 35 | 35 | | shall bear the cost of the electronic monitoring system unless the |
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| 36 | 36 | | court determines that the offender is indigent, in which case a |
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| 37 | 37 | | state-funded victim assistance program shall cover the cost. |
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| 38 | 38 | | SECTION 4. AMENDMENT TO TEXAS FAMILY CODE (a) Section |
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| 39 | 39 | | 85.022, Family Code, is amended by adding Subsection (d): |
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| 40 | 40 | | (d) The court issuing a protective order under this section shall |
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| 41 | 41 | | require the respondent to wear a GPS tracking device for the |
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| 42 | 42 | | duration of the order if the respondent has been convicted of |
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| 43 | 43 | | domestic violence within the past five years or is deemed by the |
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| 44 | 44 | | court to pose a significant risk to the victim. The respondent shall |
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| 45 | 45 | | be prohibited from entering exclusion zones established in the |
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| 46 | 46 | | order, including the victim's home, workplace, or school. |
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| 47 | 47 | | SECTION 5. VICTIM NOTIFICATION AND PROTECTIONS (a) Victims |
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| 48 | 48 | | shall be notified through an electronic device (e.g., smartphone |
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| 49 | 49 | | app, text message, or email) when an offender breaches an exclusion |
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| 50 | 50 | | zone or violates the terms of a protection order. (b) The Department |
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| 51 | 51 | | of Public Safety (DPS) shall establish a victim assistance program |
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| 52 | 52 | | to provide immediate resources to victims notified of an offender's |
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| 53 | 53 | | violation, including emergency shelters and direct communication |
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| 54 | 54 | | with law enforcement. (c) The identity and location of the victim |
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| 55 | 55 | | shall remain confidential, and no information shall be provided to |
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| 56 | 56 | | the offender regarding the victim's whereabouts unless legally |
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| 57 | 57 | | required. |
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| 58 | 58 | | SECTION 6. ESTABLISHMENT OF THE DOMESTIC VIOLENCE |
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| 59 | 59 | | MONITORING PROGRAM (a) The DPS shall establish a Domestic Violence |
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| 60 | 60 | | Monitoring Program to: (1) Oversee compliance with electronic |
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| 61 | 61 | | monitoring requirements; (2) Ensure coordination between local law |
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| 62 | 62 | | enforcement and victim services; (3) Maintain a database of |
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| 63 | 63 | | domestic violence offenders subject to electronic monitoring; (4) |
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| 64 | 64 | | Provide annual reports to the Legislature on the effectiveness of |
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| 65 | 65 | | electronic monitoring in reducing repeat offenses. |
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| 66 | 66 | | SECTION 7. FUNDING (a) The Legislature shall appropriate |
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| 67 | 67 | | necessary funds to support the implementation of this Act, |
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| 68 | 68 | | including costs associated with GPS monitoring, law enforcement |
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| 69 | 69 | | training, and victim assistance services. (b) Fees may be assessed |
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| 70 | 70 | | to offenders to offset the cost of monitoring equipment. In cases of |
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| 71 | 71 | | financial hardship, the state shall ensure access to monitoring for |
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| 72 | 72 | | all victims in need. |
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| 73 | 73 | | SECTION 8. ENFORCEMENT AND PENALTIES (a) Any offender who |
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| 74 | 74 | | removes, tampers with, or disables a GPS tracking device shall be |
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| 75 | 75 | | subject to immediate arrest and revocation of bond or parole. (b) |
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| 76 | 76 | | Law enforcement agencies must respond immediately to GPS violation |
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| 77 | 77 | | alerts and take appropriate action to protect the victim. |
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| 78 | 78 | | SECTION 9. EFFECTIVE DATE This Act takes effect September |
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| 79 | 79 | | 1, 2025. |
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